Suit dismissed as infructuous because the same dispute was previously decreed by the Delhi High Court, rendering the present action no longer sustainable.
Suit dismissed as infructuous.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORIDNARY ORIGINAL CIVIL JURISIDICTION
SUIT NO.1080 OF 1973
M/s.Ramchand Silk Mills .. Plaintiffs
Vs.
Sharan Bros and Ors. .. Defendants
None for the plaintiffs
Mr.K.S.Jain for the defendants
CORAM: S.U. KAMDAR, J.
DATE : 9TH AUGUST, 2005
P.C. :
. The learned counsel for the defendants states
that for the same cause of action, suit was filed in
Delhi High Court and by order and judgment of Delhi
High Court dt.24.12.96, the suit has been decreed in
favour of the plaintiffs who are the defendants herein.
The said order of the Delhi High Court is taken on
record. In view of the decree granted by the said
court, the present suit does not survive. As the suit
is at the foot of the account, Civil Judge had decided
the suit at Delhi High Court and has found that at the
foot of the account, the amount is due and payable to
the defendants. During the pendency of the suit in
Delhi High Court, an application was taken out for the
stay of the present suit in this court and against the
order passed by the learned single Judge refusing to
grant the stay order an appeal was preferred being
appeal no.463 of 1981. In the said appeal, the present
suit was stayed. However, the learned counsel for the
defendant states that the appeal preferred by him has
been withdrawn today and therefore, the present suit
can proceed. In view of the Delhi High Court order,
the present suit does not survive any further and suit
is required to be dismissed as infructuous.
S.U. KAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court